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S.  B.  No.  450.  li  Se.nate 

Introduced  by  A4r.  Ashley  d Enrolled  No.  23J. 

June  6,  1905. 

AN  ACT 

To  regulate  the  civil  service  of  the  city  of  Detroit^ 
provide  for  the  appointment  of  a civil  service  com- 
mission therein^  prescribe  its  duties  and  powers, 
prohibit  assessments  of  officers  and  employees  for 
political  purposes  and  provide  certain  penalties  for 
the  violation  of  this  act* 

The  People  of  the  State  of  Michigan  enact: 
Section  1 ♦ The  mayor  of  the  city  of  Detroit  shall 
appoint  four  persons  as  the  civil  service  commission* 
Said  commission  shall  constitute  the  civil  service 
commission  of  the  said  city  of  Detroit*  One  of  said 
commissioners  shall  hold  his  office  for  the  term  of 
one  year  from  January  first,  nineteen  hundred  six, 
and  the  other  of  said  commissioners  shall  hold  their 
offices  respectively  for  a period  of  two,  three  and  four 
years  from  said  date,  and  each  year  the  mayor  shall 
appoint  one  commissioner  to  succeed  the  commis- 


sioner  whose  term  shall  soonest  expire*  Said  com- 
missioner shall  hold  no  other  appointive  or  elective 
office  under  the  United  States,  the  state  of  Michigan, 
the  county  of  Wayne,  or  the  city  of  Detroit,  except 
notaries  public,  and  no  other  persons  shall  be  eligible 
to  appointment  as  civil  service  commissioner  who 
shall  have  held  such  elective  or  appointive  office 
within  a period  of  two  years  next  preceding  his  term 
of  office*  The  commissioner  whose  term  first  ex- 
pires shall  be  president  of  said  commission* 

Section  2*  The  commission  shall  from  time  to 
time,  prepare  and  publish  rules  regulating  the  selec- 
tion of  persons  to.  fill  appointive  positions  in  the  mu- 
nicipal service,  which  said  rules  shall  govern  in  the 
examination,  appointment,  promotion  and  removal 
of  all  employees  and  officers  of  the  city  affected 
thereby,  which  said  rules  may  be  of  general  or  lim- 
ited application*  Such  rules  shall  go  into  effect  at  a 
time  to  be  decided  by  the  commission  "not  later  than 
sixty  days  from  the  time  of  their  adoption*  The 
occupants  of  all  offices  and  appointments  in  said  city, 
at  the  time  this  act  becomes  effective  shall  remain  in 
office  during  the  remainder  of  the  term  for  which 
they  were  appointed  at  the  time  this  act  takes  effect 
unless  removed  by  the  head  of  the  department  under 
existing  laws*  Such  rules  shall  include  provisions 
for: 


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I*  The  classification  of  the  positions  and  employ- 
ments to  be  filled  upon  open  competitive  examina- 
tions to  test  the  practical  fitness  of  the  applicants  for 
such  positions  and  employments  and  the  holding  of 
such  examinations* 

2*  The  selection  of  persons  for  service  in  such 
public  positions  and  employments  and  for  filling  va- 
cancies therein  in  accordance  with  the  results  of  such 
examinations  and  tests* 

3*  Promotions^  if  practicable^  on  the  basis  of  as- 
certained merit  in  the  examination  and  seniority  of 
service  and  the  period  of  probation  before  an  appoint- 
ment or  employment  is  made  permanent* 

4*  Holding  of  examinations  at  stated  intervals  for 
the  purpose  of  ascertaining  the  relative  fitness  of  ap- 
plicants for  positions  in  the  service* 

Section  3*  The  office  force  of  the  mayor^  heads 
of  departments^  their  chief  assistants  or  deputies  who 
are  authorized  to  act  generally  for  and  in  place  of 
their  principals;  one  secretary  and  stenographer  of 
each  officer  and  commissioner  or  board  authorized  by 
law  to  appoint  a secretary  and  stenographer;  one 
clerk  or  deputy  of  each  courts  all  members  of  the  law 
department^  the  superintendents  and  teachers  of  the 
public  schools  and  common  laborers  whose  compen- 
sation does  not  exceed  one  dollar  and  seventy-five 
cents  per  day^  shall  not  be  subject  to  the  provisions 


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hereof  or  the  rules  of  said  commission.  Stenogra- 
phers employed  in  the  various  departments  shall  also 
be  exempt  from  the  provisions  of  this  act. 

Section  4.  All  examinations  shall  be  practical 
in  their  character  and  shall  relate  to  those  matters 
which  shall  fairly  test  the  relative  capacity  of  the 
persons  examined  to  discharge  the  duties  of  the 
positions  to  which  they  seek  to  be  appointed.  No 
question  in  any  examination  shall  relate  to,  and  no 
appointment  to  any  position  or  selection  for  employ- 
ment shall  be  affected  by  political  or  religious 
affiliation  or  opinion.  The  examination  and 
qualifications  for  members  of  the  police  force  and 
fire  departments  of  said  city,  shall  be  subject  to  the 
approval  of  the  police  commissioner  and  the  board 
of  fire  com.missioners  respectively.  All  appoint- 
ments made  by  the  civil  service  com.missioner  under 
the  provisions  of  this  act  shall  be  made  in  accord- 
ance with  the  relative  standing  of  all  persons  taking 
examinations  for  such  class  of  appointments ; the 
person  having  the  highest  standing  for  a position 
of  a certain  class,  shall  be  appointed  by  said  com- 
missioner to  a vacancy  or  position  in  preference  to 
all  other  applicants.  Examinations  shall  be  uniform 
as  to  all  applicants  for  like  positions.  After  any 
set  of  questions  has  been  presented  to  an  applicant 
for  answer  by  said  applicant,  the  said  commission 


shall  not  allow  said  applicant  to  consult  any  author- 
ity or  reference  before  answering  said  question  or 
questions^ 

Section  5*  No  person  shall  wilfully  and  corruptly 
defeat^  deceive  or  obstruct  any  person  as  to  his  right 
of  examination ; or  wilfully  or  corruptly  make  a false 
mark^  grade^  estimate  or  report  upon  the  examination 
or  proper  standing  of  any  person  examined  hereunder 
or  aid  in  so  doing;  or  v/ilfully  or  corruptly  make  any 
false  representation  concerning  the  same  or  concern- 
ing the  person  examined^  or  wilfully  or  corruptly 
furnish  to  any  person  any  special  or  secret  informa- 
tion for  the  purpose  of  improving  or  injuring  the 
prospects  or  chances  of  an  appointment^  an  employ- 
ment;  or  promotion  of  any  person  so  examined  or  to 
be  examined* 

Section  6*  No  recommendation  of  an  applicant 
for  a position  or  employment^  except  as  to  the  char- 
acter or  the  residence  of  the  applicant^  shall  be  re- 
ceived or  considered  by  any  person  in  making  an 
appointment* 

Section  7*  No  alderman,  officer  or  employee  of 
any  department,  and  no  executive  officer  or  clerk  of 
any  department  shall  personally  solicit  or  receive  di- 
rectly or  indirectly  or  be  concerned  in  soliciting  or  re- 
ceiving any  assessment,  subscription  or  contribution 
for  any  purpose  whatever  from  any  person  appointed 

2— S E 23  J 


under  the  provisions  of  this  act^  nor  shall  any  person 
solicit  or  receive  directly  or  indirectly  or  be  concerned 
in  soliciting  or  receiving  any  assessment^  subscrip- 
tion or  contribution  from  any  person  appointed  or 
seeking  appointment  under  the  provisions  of  this  act 
for  any  political  purpose  whatever  or  for  the  for- 
warding the  candidacy  of  any  person  seeking  public 
office^  nor  shall  any  person  appointed  or  seeking  ap- 
pointment under  the  provisions  of  this  act  make  any 
contribution  either  directly  or  indirectly^  voluntarily 
or  involuntarily  towards  a campaign  fund  for  ad- 
vancing the  interest  of  any  person  seeking  public 
office* 

Section  8*  No  officer  or  employee  shall  discharge^ 
promote  or  degrade  an  officer  or  employee^  or  change 
his  official  rank  or  compensation  or  promise  or 
threaten  to  do  so^  for  givings  withholdings  or  neglect- 
ing to  make  a contribution  of  money  or  other  valuable 
thing  for  a political  purpose* 

Section  9*  No  officer ^ clerk,  or  other  person  shall, 
directly  or  indirectly,  give  or  deliver  or  promise  to 
give  or  deliver  to  any  officer,  clerk  or  person  in  said 
service,  or  by  any  alderman  or  commissioner,  or  to 
any  officer  or  to  any  employee  of  the  city,  any 
money  or  other  valuable  thing  on  account  of  or  be 
applied  to  the  promotion  of  any  political  object 
whatever* 


Section  10*  No  person  in  the  service  of  the  city 
shall  use  his  official  authority  or  influence  to  coerce 
the  political  action  of  any  person  or  body  or  to  inter- 
fere with  any  election* 

Section  1 1 * No  person  in  the  public  service  shall^ 
for  that  reason^  be  under  obligations  to  contribute  to 
any  political  fund,  or  to  render  any  political  service, 
and  shall  not  be  removed  or  otherwise  prejudiced  for 
refusing  to  do  so* 

Section  12*  No  person  holding  a public  office  or 
in  nomination  for,  or  seeking  the  nomination  for,  or 
appointment  to  an  office,  shall  corruptly  use  or  prom- 
ise to  use,  directly  or  indirectly,  any  official  authority 
or  influence  to  confer  upon  any  person  or  to  aid  the 
person  to  obtain  an  office  or  public  employment  or 
nomination,  confirmation,  promotion  or  increase  of 
salary,  upon  the  consideration  or  condition  of  the 
vote,  political  influence  or  action  of  any  person  shall 
be  given  or  used  in  behalf  of  the  candidate,  officer 
or  party,  or  upon  any  other  corrupt  condition  or 
consideration* 

Section  J3*  Appointments  shall  be  made  to  or 
employment  shall  be  given  in  all  positions  in  the 
competitive  class  that  are  not  filled  by  promotion, 
re-instatement,  transfer  or  reduction  under  the  pro- 
visions of  this  act,  and  the  rules  in  pursuance  thereof 
by  appointment  of  those  certified  by  said  commis- 


sion  in  open  competitive  examination^  according  to 
the  rules  and  regulations  adopted  by  said  commission* 
Section  14*  Whenever  there  are  urgent  reasons 
for  filling  a vacancy  in  any  position  in  the  competi- 
tive class  and  there  is  no  list  of  eligible  persons  for 
appointment  after  competitive  examination^  the  ap- 
pointing officer  may  nominate  a person  to  the  com- 
mission for  non-competitive  examxination^  and  if  such 
nominee  shall  be  certified  by  such  commission  as 
qualified  after  such  non-competitive  examination^  he 
may  be  appointed  provisionally  to  fill  such  vacancy 
until  a selection  and  appointment  can  be  made  after 
competitive  examination^  but  such  provisional  ap- 
pointment shall  not  continue  for  a longer  period  than 
two  months,  nor  shall  successive  temporary  appoint- 
ments be  made  to  the  same  position* 

Section  15*  When  the  services  to  be  rendered  by 
an  appointee  are  for  a temporary  period  not  to  exceed 
two  months  and  the  need  of  such  service  is  impor- 
tant and  urgent*  the  appointing  officer  may  select  for 
such  service  any  person  on  the  proper  list  of  those 
eligible  for  permanent  appointment  though  in  regard 
to  his  standing  on  such  list* 

Section  16*  No  person  holding  a position  by 
appointment  or  employment  under  the  provisions 
of  this  chapter  shall  be  removed  from  his  position  or 
employment,  except  for  incompetency  or  misconduct 


shown  after  a hearing  upon  due  notice  upon  stated 
charges  made  to  the  civil  service  commission^  or  by 
or  before  some  officer  or  board  appointed  by  said 
commission  to  conduct  such  investigation*  The  find- 
ing and  decision  of  such  commission  or  investigating 
officer  or  board  when  approved  by  said  commission 
shall  be  certified  to  the  appointing  officer^  and  shall 
forthwith  be  enforced  by  such  officer*  Nothing  in 
this  section  shall  limit  the  power  of  any  officer  to 
suspend  a subordinate  for  a period  not  exceeding 
thirty  days* 

Section  17*  The  city  controller  shall  not  audit  or 
allow  and  the  city  treasurer  shall  not  pay  or  be  in 
any  manner  concerned  in  paying  any  person  any 
salary  or  wages  for  services  as  officers  or  employees 
of  the  city  which  office  or  place  of  employment  is 
occupied  in  violation  of  the  provisions  of  this  act^  or 
of  the  rules  adopted  thereunder* ' 

Section  18*  Said  commission  shall  on  or  before 
the  first  day  of  May  of  each  year  make  to  the  mayor, 
for  transmission  to  the  common  council  a report 
showing  its  own  actions,  the  rules  in  force,  practical 
effects  thereof,  and  any  suggestion  it  may  approve 
for  the  more  effectual  accomplishm.ent  of  the  purposes 
of  this  act*  The  mayor  may  require  other  reports 
from  the  commission  from  time  to  time* 

Section  19*  Said  commission  shall  serve  with- 


3— S E 23) 


out  compensation^  but  the' commission  may  employ 
a chief  examiner  at  a salary  not  to  exceed  fifteen  hun- 
dred dollars  per  year^  whose  duty  it  shall  be^  under 
the  direction  of  the  commission^  to  superintend  any, 
examination  held  under  this  act.  The  chief  examiner 
shall  be  exofficio  secretary  of  said  commission  and 
shall  keep  the  minutes  of  its  proceedings^  preserving 
all  reports  made  to  it^  keep  a record  of  all  examina- 
tions held  under  its  direction  and  perform  all  such 
other  duties  as  the  commission  shall  prescribe. 
When  necessary^  special  examiners  may  be  employed 
by  the  commission  at  a compensation  not  exceeding 
five  dollars  per  day.  The  commission,  may  in  its 
discretion,  employ  a stenographer  whose  compensa- 
tion shall  not  exceed  one  thousand  dollars  per  year. 

Section  20.  The  common  council  and  the  board 
of  estimates  shall  annually  appropriate  a sufficient 
sum  of  money  to  carry  out  the  provisions  of  this 
act.  The  appropriation  for  the  fiscal  year  shall 
have  been  made  when  this  act  takes  effect  then  the 
expenses  as  herein  provided  may  be  paid  for  such 
fiscal  year  out  of  any  other  moneys  not  otherwise 
appropriated. 

Section  21.  Any  person  making  an  appoint- 
ment to  office  or  selecting  a person  for  employment 
contrary  to,  or  wilfully  refuses  or  otherwise  neglects 
to  comply  with  the  provisions  of  this  act  or  of  any 


rule  adopted  thereunder  shall,  unless  some  other  pen- 
alty is  specifically  provided,  be  punished  by  a fine  of 
not  less  than  one  hundred  nor  more  than  one 
thousand  dollars,  for  each  offense,  or  imprisonment 
in  the  Detroit  House  of  Correction  for  a term  not 
exceeding  one  year* 

Section  22*  All  acts  or  parts  of  acts  inconsistent 
with  the  provisions  of  this^  act  are  hereby  repealed* 


President  of  the  Senate. 


Speaker  of  the  House  of  Representatives. 


Approved 


Governor. 


0112  099016880 


